Abstract:

This article discusses the impact of the European Convention on Human Rights Act
2003 (ECHR Act) on local authorities in Ireland. The Act creates a new framework
for the representative, regulatory, agency and service provision roles of these
"organs of the State". Judicial review "with its many limitations" remains the
ultimate legalmethod of evaluating compliancewith these obligations. Interpreting
the concepts of respect for human rights, positive obligations, reasonableness and
proportionality from European Court of Human Rights precedents within Irish
jurisprudence may bring some interesting outcomes. The Irish courts have already
held that some local authorities failed to comply with their obligations under the
ECHR Act. The Act could yet have a significant impact on the actions, obligations
and judicial review of local authorities, but there